Prenuptial & Postnuptial Agreements

Prenuptial & Postnuptial Agreements in ColoradoPlan for Your Future with Confidence and Clarity

Marriage is a partnership built on trust and shared goals. A marital agreement—whether signed before or during the marriage—is a powerful tool to strengthen that partnership. It provides a clear, mutually agreed-upon framework for handling financial matters, allowing you and your spouse to enter and navigate your life together with certainty and peace of mind.

At H&H Law, we approach marital agreements not as a sign of distrust, but as a practical and responsible step in financial planning. We help couples in Colorado craft thoughtful, enforceable agreements that protect individual assets, clarify expectations, and provide a solid foundation for the future.

Understanding Marital Agreements

Colorado law recognizes two primary types of marital agreements:

• Prenuptial Agreements: Often called “prenups,” these are legal contracts entered into by a couple before they get married. They define how assets, debts, and spousal support (maintenance) will be handled in the event of divorce or the death of a spouse.
• Postnuptial Agreements: These agreements function similarly to prenups but are created after the couple is legally married. They are often used to address a significant change in financial circumstances, such as one spouse starting a business or receiving a large inheritance.

Why Consider a Marital Agreement?

Couples choose to create marital agreements for many proactive and positive reasons. These documents are particularly valuable for individuals who:

• Own a business or professional practice.
• Have significant pre-marital assets, investments, or real estate.
• Expect to receive a substantial inheritance or family trust distribution.
• Have children from a previous relationship and wish to protect their inheritance rights.
• Are entering a second marriage.
• Have significant personal debt they do not want to become a marital liability.
• Wish to define what will be considered marital versus separate property.
• Want to establish clear terms regarding spousal support (maintenance) in the future.

What Can a Colorado Marital Agreement Cover?

Under Colorado’s Uniform Premarital and Marital Agreements Act, C.R.S. § 14-2-301, et seq., your agreement can be customized to address a wide range of financial matters, including:

• The rights and obligations to any property of either or both spouses.
• The management and control of property.
• The disposition of property upon separation, divorce, or death.
• The modification or elimination of spousal support (maintenance).
• The designation of death benefits from a life insurance policy.
• The choice of law governing the construction of the agreement.
• Any other matter, including personal rights and obligations, not in violation of public policy.

Important Note: A marital agreement in Colorado cannot adversely affect a child’s right to child support. The court will always retain jurisdiction to determine child support based on the child’s best interests.

Ensuring Your Agreement is Enforceable

For a prenuptial or postnuptial agreement to be legally binding in Colorado, it must meet specific criteria. The agreement must be:

1. In Writing and Signed: The agreement must be a written document signed by both parties.
2. Voluntary: Each party must sign the agreement freely and without being subjected to duress, coercion, or undue influence.
3. Based on Full Disclosure: Both parties must provide a fair and reasonable disclosure of their individual property and financial obligations. Without this transparency, an agreement can be invalidated.

Our role is to ensure your agreement is not only tailored to your specific goals but is also drafted with the legal precision required to be upheld by a Colorado court.

Enforcing or Challenging a Marital Agreement

While a properly executed agreement is a binding contract, disputes over its validity or interpretation can arise during a divorce. Whether you need to uphold your agreement or contest its terms, skilled legal representation is critical.

Enforcing an Agreement: If your marital agreement is valid, it should dictate the outcome of property division and spousal support. We represent client in asserting the terms of their agreement and ensuring it is honored by the court as the controlling document in their divorce. If the agreement has a choice of laws provision outside of Colorado, we use our extensive national network to locate an advisory attorney from the state in which terms apply and work collaboratively to protect our client’s interests.

Challenging an Agreement: An agreement can be challenged and potentially invalidated if it fails to meet Colorado legal standards in effect at the time it was entered into. The burden of proof lies with the party challenging the agreement. Common grounds for challenge included:

• Involuntariness: The agreement was not signed voluntarily. This could be due to fraud, duress (improper threats), or undue influence that overcame the party’s free will
• Inadequate Financial Disclosure: A party was not provided with a fair and reasonable disclosure of the other party’s assets and debts before signing, and did not voluntarily waive that right to disclosure in writing.
• Unconscionability: A provision eliminating or modifying spousal support (maintenance) or a provision regarding attorney fees may be deemed unenforceable if, due to circumstances not reasonably foreseeable at the time of signing, enforcing it would be unconscionable at the time of the divorce.

Secure Your Financial Future Today

Whether you are planning for marriage or wish to create more financial certainty within your existing one, a well-crafted marital agreement can be one of the most important planning documents you create. The attorneys at H&H Law are here to guide you through the process with skill and discretion.

Contact H&H Law 719-626-4661 or contact us online to schedule a confidential consultation to discuss your needs.